Calcutta High Court
Wrinkle Marketing Pvt. Ltd vs Roselabs Polymers Ltd on 14 May, 2014
Author: I. P. Mukerji
Bench: I. P. Mukerji
GA No. 1107 of 2014 CS No. 119 of 2014 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION Wrinkle Marketing Pvt. Ltd.
Versus Roselabs Polymers Ltd.
Before:
The Hon'ble Justice I. P. MUKERJI Date: 14th May 2014 Appearance:
Mr. Ranjan Bachawat, Advocate Mr. Rudraman Bhattacharya, Advocate Mr. Rajeev Kr. Jain, Advocate for the plaintiff The Court: This appears to be a clear-cut case of an admitted debt. The cause of action arises out of monies lent and advanced by the plaintiff to the defendant.
By their letter dated 23rd July 2013, which is annexure - C at page 22 of the petition, the defendant categorically admitted that Rs.
31,00,000/- was payable by them to the plaintiff. The document at page 23, being a bank advice dated 18th February 2014 shows that a cheque for the above amount issued by the defendant was returned by the banker Kotak Mahindra Bank Limited with the advice that the account of the defendant was closed.
The plaintiff has got information that the defendant is trying to alienate its properties to defeat the claim of its creditors, which is pleaded at paragraphs 21 to 25 of the petition.
Considering the strong prima facie case made out by the plaintiff and the said threat of alienation, I prima facie allowed the plaintiff to move this application ex parte. I hold that Rs. 31 lakhs is due and payable by the defendant to the plaintiff.
2
Order in terms of prayer (c) of the Notice of Motion till 13th June 2014 or until further orders whichever is earlier.
List this application on 4th June 2014 to enable the defendant to appear and make submissions.
Urgent Certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(I. P. MUKERJI, J.) R. Bose AR(CR)